# Wirz v. Wirz

> California Court of Appeal · February 21, 1950 · 96 Cal. App. 2d 171

URL: https://www.frixlaw.com/law-library/cases/9550851

## Case

- **Full name:** WALTER WIRZ, SR., Appellant, v. BERTHA WIRZ, Respondent
- **Court:** California Court of Appeal
- **Decided:** February 21, 1950
- **Citations:** 96 Cal. App. 2d 171; 214 P.2d 839; 15 A.L.R. 2d 1129; 1950 Cal. App. LEXIS 1341
- **Precedential status:** Published
- **Opinion:** Concurrence by Dooling
- **Judges:** Dooling, Nourse
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9550851

## Opinion text

DOOLING, J.
I concur. While I appreciate the propriety of the Legislature’s making any reasonable provision for the future protection of the insane spouse and of the state where a divorce is granted on the ground of incurable insanity, I question the wisdom and justice of making that provision s.Q *178 sweeping that the statute gives rights to the rich while it denies the same rights to the poor. Nevertheless the Legislature has seen fit to condition the right to divorce on the ground of incurable insanity on a showing “that'there is reasonable ability to support the insane spouse for the remainder of the life expectancy or that such insane spouse has property sufficient” for that purpose. (Civ. Code, § 108.) The trial court found that these conditions do not exist in this case, the finding has substantial evidentiary support, and under the existing statute this justifies the judgment denying the divorce.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9550851. Public record. Not legal advice.